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102 Cards in this Set
- Front
- Back
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Standing Reqmts
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Injury, caused by def, redressable by court
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Standing--Injury
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must have occurred or be imminent; must be personal to def (no third party standing and no generalized grievances, can't sue as just a taxpayer or citizen); mere ideological objection insufficient; ***plaint's seeking injunctive or declaratory relief must show a likelihood of future harm
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Standing--Exception to No 3d Party Standing Rule
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1) Close relationship bw plaint and injured third party such that plaint can be trusted to adequately represent the interests of the third party (like an abortion doctor representing his patients where abortions are banned or burdened or a custodial parent for his minor child); 2) where the injured third party is unlikely to assert their own rights (like jurors knocked off a jury for race or gender); 3) Organizational standing allows an org to sue if there is at least one member of the org that would have standing, the suit is german to the purposes of the org and neither the claim nor the relief requires partiipation of indiv members
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Standing--Taxpayer Standing
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Only allowed to challenge govt spending as violating the establishment clause OR to allege a violation of the Tenth Amendt's reservation of rights to the states
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Ripeness
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An issue that arises when a litigant requests pre-enforcement review of a statute of regulation. Plaint must show he'd suffer hardship without pre-enforcement review and that the issues and record are fit for judicial review
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Mootness
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If the events after the filing of the lawsuit end the plaint's injury, the case must be dismissed as moot bc the plaint no longer has a live controversy. BUT a non-frivolous money damages claim will keep the case alive. EXCEPTIONS: 1) if the wrong is capable of repetition but evades review because of its inherently limited time duration, 2) voluntary cessation, 3) class action suits
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Political Question
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issues the court refuses to hear bc they implicate political problems better suited to the political branches for resolution. Examples: cases asserting the US has failed to guarantee a republican form of govt, challenges to president's foreign policy decisions, challenges to the impeachment and removal process, challenges to partisan gerrymandering
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Supreme Court review
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generally through certiorari, but sup ct has original and exclusive jurisdiction for suits between state govts, and appeals exist for decisions of three-judge dist cts. MUST be FINAL JUDGMT of highest state court, fed ct of appeals or three-judge dist cts. On review from a state court, sup ct will only review it if there is no independent and adequate state ground for the decision.
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Sovereign Immunity
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State govts cannot be sued in state or fed courts or fed agencies EXCEPT: 1) if the state expressly waives sov immun, 2) pursuant to fed laws adopted under Sect. 5 of the 14th Amendt (congress cannot authorize suits against states under any other provision), 3) the fed govt can sue state govts, 4) the Eleventh amendt does not apply to fed laws exercised pursuant to Congress' bankruptcy pwrs so it doesn't bar actions in US bankruptcy courts
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Sovereign Immunity--State Officers
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Suits against state officers are allowed under § 1983 even if the state govt cannot be named as a def, state officers can still be sued for injunctive relief or for money damages to be paid out of their own pockets BUT state officers may not be sued if it is the state treasury that will be paying the damages
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Abstention
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Fed courts cannot enjoin pending state court proceedings
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Congress' Big Three Powers
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Taxing, Spending, Commerce
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When can Congress Act?
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When there is express or implied congressional pwr in the constitution. EXCEPTION where Cong has a police pwr: Military, Indian reservations, Lands (fed lands), or in the District of Columbia
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Congress can adopt all law that are _____&_____ to exercise its authority
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necessary and proper
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Taxing/Spending Pwr
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Cong may tax and spend for the general welfare
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Congress can regulate commerce with:
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foreign nations, indian tribes and among the several states. Exs: Cong may regulate the channels of interstate commerce (like highways, waterways, and the internet), the instrumentalities of interstate commerce (like trucks and planes) and persons and things in interstate commerce, and economic activities that have a substantial effect on interstate commerce. For non-economic activity, a substantial effect cannot be based on cumulative impact.
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The Tenth Amendt
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Acts as a limit on the pwrs of Congress stating that all powers not granted to the US nor prohibited to the states are reserved to the states or the people. SO, Cong cannot compel state regulatory or legislative action (but can of course bribe the states with expressly stated conditions on funding), and Cong may prohibit harmful commercial activity by state governments
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Delegation of congressional pwrs
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No limits exist in actuality on Congress' ability to delegate legislative powers
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Legislative Vetoes and Line-Item Vetoes
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are unconstl bc for Congress to act there must be bicameralism and presentment to the prez who must pass it in its entirety or veto it in its entirety
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Treaties
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Agreements between the US and a foreign nation negotiated by the prez, effective when ratified by the Senate
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State laws that conflict with treaties
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are null and void
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When a fed statute conflicts with a treaty
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the one that was adopted last in time controls and the earlier must give way
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If a treaty conflicts with the constitution
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treaty is invalid
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Executive agmts
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an agmt bw the US and a foreign country that is effective when signed by the president and the head of another nation; these agmts can be used for any purpose and will prevail over conflicting state laws, but never over conflicting fed law or the constitution
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Appointment Pwr--President appoints:
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ambassadors, fed judges and officers of the US, senate must approve these apptmts
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Appointment Pwr--Congress may vest the apptmt pwr of inferior officers in:
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president, heads of depts or lower fed courts
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Removal Pwr--Unless ltd by statute, the President may:
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fire any exec branch official. Cong can limit removal by statute but only if both: it's for an office where independence from the preisdent is desirable AND Congress can only limit (not prohibit) removal to where there is good cause shown
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Impeachment and Removal
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The president and VP, federal judges and all officers of the US can be impeached and removed from office for treason, bribery or high crimes and misdemeanors. Impeachment by House of Reps requires a majority vote; conviction in the Senate requires a 2/3ds vote
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Presidential Immunity
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President has absolute immunity to civil suits for money damages for any actions WHILE IN OFFICE. No immunity for actions that occurred prior to taking office
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Presidential Privilege
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Exec privilege for presidential papers and conversations, but such privilege must yield to other important govt interests.
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Presidential Pardon Power
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President has the power to pardon anyone accused or convicted of fed not state crimes, except where the person to be pardoned has been impeached by the House of Reps; that person can never be pardoned for the underlying crimes that led to the impeachment. The pwr does not apply to civil liab
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Preemption
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Art. VI of the Const contains the supremacy clause that says Const and fed laws are the supreme law of the land. So valid fed law overrides or preempts inconsistent state law
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Three Situations for Preemption
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1) express preemption (cong has authority to act and states its power is exclusive in a field), 2) implied preemption (even if a fed statute is silent about preemption, implied preemption can be found if a) it is not possible for someone to simultaneously comply with both fed and state laws, b) if a state law impedes the achievement of a fed objective, c) if Cong evidences a clear intent to preempt state law), 3) states may not charge state tax to be paid out of the fed treasury for fed govt activity
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Doormant Commerce Clause
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(sometimes called on the bar the Negative implications of the commerce clause) state or local laws are unconst if they place an undue burden on interstate commerce
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Privileges and Immunities Clause of Art. IV
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No state or municipality may deny citizens of other states the privileges and immunities it affords its own citizens without substantial jusitification
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Privileges and Immunities Clause of 14th Amendt
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preserves a person's right to travel from one state to another
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Doormant commerce Clause/Privileges and Immunities Clause of Art. IV Test
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Does this state or local govt's action discriminate against out-of-staters: IF YES: a) violates the doormant commerce clause if it places a burden on interstate commerce UNLESS it is necessary to achieve an important govt purpose (two exceptions: where there is congressional approval of discrim or the market participant exception where a state/local govt prefers its own citizens in receiving benefits from govt programs) or b) violates the privileges and immunities clause of Art. IV if it discriminates against indivs with regard to important econ activities or civil liberties unless it is necessary to achieve an important govt purpose. IF NO: a) if the govt is burdening interstate commerce, balance the benefit to the state against the burden on interstate commerce (if the benefit exceeds the burden, the law is upheld; if the burden exceeds the benefit, the law is struck down), b) Privileges and immunities clause of Art. IV is inapplicable
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State taxation of interstate commerce
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States may not use their tax systems to help in state businesses; a state may only tax activities if there is a substantial nexus between the product or activity to be taxed and the state; state taxation of interstate business or companies must be fairly apportioned
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Full faith and credit
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cts in one state must give full faith and credit to all judgmts of cts in another state so long as the ct that rendered the judgmt had personal and subject matter jurisd, the judgmt was on the merits and was final.
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Govt protection of indiv liberties--preliminary question
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Is there govt action? Constitution applies only to the govt and not private action
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How can Cong apply constl norms to private conduct?
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1) pursuant to the 13th amendt Cong can prohibit private race discrimination and has broad pwrs to adopt laws to enforce this provision (discrim alone doesn't violate the 13th amendt only slavery does), 2) pursuant to the Commerce Clause, Cong can apply constl norms to private conduct as it did when it adopted the Civil Rights of 1964 pursuant to this clause, 3) Cong cannot use section 5 of the 14th amendt to regulate private behavior only to regulate state and local govts 4) the Const applies if a private entity is performing a task traditionally, exclusively done by the govt (public functions exception), 5) the const applies if the govt affirmatively authorizes, encourages or facilitates unconstl activity----EXAMPLES: a) cts cannot enforce racially restrictive covenants, b) there is state action when the govt leases premises to a restaurant that racially discriminates, c) there is state action when a state provides free books to private schools that racially discrim, d) there is NO state action when a private school that is over 99% funded by the govt fires a teacher bc of her speech, e) there is NO state action when the NCAA orders the suspension of a basketball coach at a state univ, f) there is state action when a private entity regulates interscholastic sports within a state, g) there is not state action when a private club with a liquor license from the state racially discriminates
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Bill of Rights--Unicorporated Provisions
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3rd amendt right to not have a soldier quartered in a person's home, 5th amendt right to grand jury indictment in crim cases, 7th amendt right to jury trial in civil cases, 8th amendt right against excessive fines
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Rational Basis Test
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A law is upheld if it is rationally related to a legitimate govt purpose. Challenger has the burden of proof to show there is no conceivable legit purpose or that the law is not rationally related to it.
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Intermediate Scruitny
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A law will be upheld if it is substantially related to an important govt purpose. Under this test, the govt had the burden of proof.
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Strict Scrutiny
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Law will be upheld if the law is necessary to achieve a compelling govt purpose. The govt has the burden of proof. Must be least restrictive means.
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Procedural Due Process is necessary when:
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the govt wants to take away someone's life, liberty or property.
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Takings: two questions
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1) has there been a deprivation of life, liberty or prop? 2) If there has been a deprivation (and only if) what procedures are reqd?
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Was there a deprivation of life, liberty or prop?
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A deprivation of liberty occurs if there is the loss of a signif freedom provided by the Const or a statute; a deprivation of prop occurs if a person has an entitlement (a reasonable expectation to the continued receipt of a benefit) and that entitlement is not fulfilled. Govt negligence is not sufficient for a deprivation of due process--generally there must be intentional govt action or at least reckless action for liability to exist. In emergency situations, the govt is liable under due process only if its conduct "shocks the conscience." And govt's failure to protect people from privately inflicted harms does not deny due process
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If there has been a deprivation, what procedure is reqd?
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3 part balancing test: 1) the importance of the interest to the indiv, 2) the ability of additional procedures to increase the accuracy of the fact-finding, 3) the govts interests (usually efficiency and saving $)
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Examples of procedural due process reqmts
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Require notice and a hearing: 1) welfare benefits termination 2) permanent termination of parent's right to custody 3) except in an emergency, before an adult can be institutionalized; 4) social security disability benefits termination requires only a post-termination hearing, etc.
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Substantive due process; two main areas
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protecting econ liberties and safeguarding property
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Substantive due process asks:
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whether the govt has an adequate reason for taking away a person's life, liberty or property
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Substantive due process protection for econ liberties
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Only a rational basis test is used for laws affecting econ rights
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Takings Clause of 5th Amendt
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Govt may take private prop for pub use but only it it provides just compensation or terminates the regulation and pays owner damages.
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Test for Takings
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Two ways to determine if there has been a taking: a) possessory taking--govt confiscation or physical occupation of prop is always a taking, b) regulatory taking--govt regulation is a taking if it leaves no reasonable economically viable use of the prop
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Takings--Govt conditions on the development of prop must be:
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justified by a benefit that is roughly proportionate to the burden imposed otherwise it is a taking
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Takings--a prop owner may bring a takings challenge to regulations that existed:
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at the time the prop was acquired
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Takings--temporarily denying an owner use of prop is not a taking so long as:
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the govt's action is reasonable: 1) Is it for pub use? (did the govt act out of a reasonable belief that the taking will benefit the pub), 2) is just compensation paid? (just compensation is measured in terms of loss to the owner in reasonable mkt value terms; the gain the govt is irrelevant)
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Contracts Clause (Art. I, Sec.10)
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No state shall impair the obligations of ctrcts. Only applies to state or local interference with EXISTING CTRCTS.
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When state/local govts can interfere under Ctrcts Clause
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If intermediate scrutiny is met: 1) Does the legislation substantially impair a party's rights under an existing ctrct? 2) If so, is the law a REASONABLY AND NARROWLY TAILORED MEANS OF PROMOTING AN IMPORTANT AND LEGIT PUBLIC INTEREST?
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State/local govt interference with govt ctrcts must meet:
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strict scrutiny
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Ex Post Facto Clause
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neither fed nor state govts can adopt laws that criminally punish conduct that was lawful at the time it was conducted or increases ounishment for a crime after it was committed. Does NOT apply to civil cases, only criminal.
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Privacy Rights
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Fundamental right protected under substantive due process and STRICT SCRUTINY is the stdrd when govt interferes. EX: right to marry, right to procreate, right to custody of one's children, right to keep family together, right of parents to control upbringing of kids, right to contraception, right to abortion, right to consensual private same-sex activity, right to refuse medical treatment
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Right to Abortion, Test/Stdrd for govt interference
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Prior to viability states cannot prohibit abortions but may regulate abortions so long as they do not create an UNDUE BURDEN on the ability to obtain abortions. After viability states can prohibit abortions unless necessary to protect woman's life or health. Govt has no duty to subsidize abortions. EX: 24 waiting period okay, reqmt that abortions be performed by licensed drs not undue burden, prohibition of partial birth abortions ok, spousal consent and notification laws are unconstl, parental notice and consent laws for unmarried minors can be reqd so long as there is an alternative procedure where a minor can obtain an abortion by going before a judge who can approve it if it's in the best interests of minor or the judge determines she's mature enough to decide for herself.
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Right to refuse medical treatment
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Competent adults have the right to refuse med treatment, even when life saving. A state has a compelling interest in protecting the sanctity of life and so can require clear and convincing evidence that a person wanted treatment terminated before it is ended. A state may prevent family members from terminating treatment for another. NO constl right to physician assisted suicide
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2nd Amendt
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right to bear arms for self defense. Level of scrutiny to be applied is unclear.
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Right to travel
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laws that prevent people from moving into a state must meet STRICT SCRUTINY. Durational residency reqmts must meet strict scrutiny, NOTE: for voting purposes, FIFTY DAYS is th max allowable durational reqmt. NO fundamental right to international travel
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Right to vote
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Fundamental right. Laws that deny some citizens the right to vote must meet strict scrutiny. One-person one-vote must be met for all state and local elections. At-large elections (where all voters cast a vote for all officeholdrs) are constl unless there is proof of a discriminatory purpose. Use of race when drawing election district lines (for the purpose of benefiting minorities) must meet strict scrutiny. Counting uncounted votes without standards in a presidential election violates equal protection
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Right to education
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NO fundamential right to education under Equal Protection Clause or US Const
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Equal Protection--Question Approach
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1) what is the classification? 2) what level of scrutiny should be applied? 3) does this law meet the level of scrutiny?
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Equal Protection--Provisions in Const
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Equal Protection Clause of 14th Amendt applies only to state and local govts, never fed govt. Equal Protection applied to fed govt is through due process clause of 5th amendt.
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Equal Protection--Classifications based on race, alienage and national origin, Test
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strict scrutiny
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Equal Protection--Racial classifications, proof and treatment
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Two ways to prove racial classification: facial classification in law, OR if law is race-neutral on its face, proving classification requires demonstrating BOTH discrim IMPACT and INTENT. Applies to peremtory challenges based on race. STRICT SCRUTINY is applied; numerical set asides require clear proof of past discrim; Educational institutes may use race as one factor in admissions decisions to benefit minorities and enhance diversity; Pub school systems may not use race as a factor in assigning students to schools UNLESS strict scrutiny is met
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Equal Protection--Gender classifications, proof and treatment
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INTERMEDIATE SCRUTINY is used and discrimination based on gender can be allowed ONLY IF there is EXCEEDINGLY PERSUASIVE JUSTIFICATION for it. PROOF: facial classification or, must show the law is BOTH discriminatory in INTENT and IMPACT. Gender classifications benefitting women based on ROLE STEREOTYPES will not be allowed; gender classifications benefitting women design to REMEDY PAST DISCRIM or differences in opportunity will be allowed.
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Equal Protection--Alienage classifications, proof and treatment
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Generally, laws that discrim against non-US citizens must pass STRICT SCRUTINY. BUT certain privileges may be reserved for citizens: voting, serving on jury, being police officer, teacher or probation officer (only rational basis reqd for these). When CONGRESS discrims against aliens ONLY RATIONAL BASIS. Intermediate scrutiny is used for discrim against undocumented alien children.
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Equal Protection--Categories of discrim that get rational basis review:
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age discrim, disability discrim, wealth discrim, govt econ regulations, sexual orientation discrim
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Equal Protection--Non-marital children discrim
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intermediate scrutiny is used. Laws that deny a benefit to non-marital to children, but grant it to all marital children are UNCONSTL
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1st Amendt--Free Speech, general rules
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A regulation seeking to forbid communication of specific ideas (content reg) is LESS likely to be upheld than regulation of conduct incidental to speech
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1st Amendt--Free Speech, Content-based vs. Content-neutral restrictions
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Content-based restrictions on speech must generally meet STRICT SCRUTINY. TWO TYPES OF CONTENT BASED RESTRICTIONS: 1) subject matter restrictions (application of law depends on topic of message), 2) viewpoint restriction (application of law depends on the ideology of the speech). CONTENT-NEUTRAL laws burdening speech need only meet INTERMEDIATE SCRUTINY
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1st Amendt--Free Speech, Prior retraints
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stopping speech before it occurs must meet STRICT SCRUTINY; procedurally proper ct orders must be complied with until they are vacated or overturned; a person who violates a ct order is barred from later challenging it; gag orders on the press to prevent prejudicial pretrial publicity are not allowed.
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1st Amendt--Free Speech, Govt speech licenses
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The govt can require a license for speech only if there is an important reason for licensing and clear criteria leaving almost no discretion to the licensing authority. In addition, there must be procedural safeguards such as prompt determination of requests for licenses and judicial review of license denials.
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1st Amendt--Free Speech, Vagueness
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A law is unconstlly vague if a reasonable person cannot tell what speech is prohibited and what is allowed. EX: fighting words are not protected speech but statutes attempting to punish the use of fighting words are often void for vagueness
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1st Amendt--Free Speech, Overbreadth
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A law is unconstlly overbroad if it regulates substantially more speech than the const allows to be regulated
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1st Amendt--Free Speech, Symbolic Speech
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Govt may regulate conduct that communicates if it has an important interest unrelated to suppression of the message and if the impact of the communication is no greater than necessary to achieve the govt's goal. EXs: flag burning (protected), draft card burning (not protected), nude dancing (not protected), burning cross (protected unless done with purpose of threatening or intimidating), contribution limits in campaigns allowed but expenditure limits not allowed (citizens united said corps and other entities can spend whatever they want to get a candidate elected)\
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1st Amendt--Free Speech, Anonymous Speech
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protected by 1st amendt. NOTE: a state's interest in promoting transparency and accountability in elections is sufficient to justify public disclosure of the names and addresses of persons who sign ballot petitions
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1st Amendt--Free Speech,Govt speech
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cannot be challenged as violating the 1st amendt; generally govt spech and funding of speech will be upheld as long as it is rationally related to a legit state interest
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1st Amendt--Free Speech, Unprotected Speech
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incitement, obscenity and sexually-oriented speech, commercial speech (ltd protection), defamation, speech by govt employees on the job in performance of their duties
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1st Amendt--Free Speech, Incitement
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the govt may punish speech if there is a substantial likelihood of imminent illegal activity and if the speech is directed to causing imminent illegality
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1st Amendt--Free Speech, Obscenity and Sexually-oriented speech
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Test: 1) material must appeal to the prurient interest, or a "shameful or morbid interest in sex," 2) the material must be patently offensive under the law prohibiting obscenity, 3) taken as a whole, the material must lack serious redeeming artistic, literary, political, or scientific value as determined by a national stdrd. The govt may use zoning ordinances to regulate the number or location of adult bookstores and movie theatres. CHILD PORN can be COMPLETELY BANNED even if it is not obscene (so long as actual children are used in production). Govt can't punish PRIVATE possession of obscene materials (but can punish private possession of child porn). Govt can seize assets of businesses convicted of violating obscenity laws. PROFANE AND INDECENT SPEECH GENERALLY PROTECTED--exceptions: free, over-the-air broadcast media, and in schools
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1st Amendt--Free Speech, Commercial Speech
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Generally an intermediate scrutiny test is applied and govt reg of commercial speech must be narrowly tailored but it does not need to be the least restrictive means. Advertising for illegal activity, and false and deceptive ads are NOT protected by 1st Amendt. Even true commercial speech that inherently risks deception can be prohibited (states may prevent professionals from practicing under a trade name or prohibit attnys from in-person solicitation of a client for profit but can't prohibit accountants from in-person solicitation of clients for profit). NOTE: lawyers who advertise as debt relief agencies can be reqd to include information about their legal status and the nature of the assistance provided along with the possibility of the debtors filing for bankruptcy
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1st Amendt--Free Speech, Defamation--Public Official or Pub Figure
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Plaint can recover for defamation only by proving with clear and convincing evidence both FALSITY AND ACTUAL MALICE (or that def knew the stmt was false or acted with reckless disregard of the truth)
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1st Amendt--Free Speech, Defamation--Private Figure, Matter of Pub Concern
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Plaint can recover compensatory damages for actual injury by proving FALSITY of the stmt and NEGLIGENCE by def, OR punitive/presumed damages is he proves actual malice.
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1st Amendt--Free Speech, Defamation--Private Figure, Private Concern
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Plaint can recover presumed or punitive damages without proving actual malice, and compensatory damages for actual injury. AND burden is on defendant to prove truth
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1st Amendt--Free Speech, Privacy
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State may not create liability for the truthful reporting of info that was legally obtained fro govt records; media may not be held liable for broadcasting a tape of an illegally intercepted and recorded call, so long as the media did not participate in the illegality and it involves a matter of pub importance; govt may restrict its own dissemination of info to protect privacy. Only instance where pub has 1st amendt right to attend govt proceedings and have access to govt papers is for crim trials and crim pretrial proceedings
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1st Amendt--Free Speech, Forums--Public Forums
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govt properties that the govt is constlly reqd to make available for speech. Regulations must be SUBJECT MATTER AND VIEWPOINT NEUTRAL or, if not, strict scrutiny must be met. Regulations must be TIME, PLACE OR MANNER regs that serve an important govt purpose and leaves open adequate alternative places for commcn. Need not be least restrictive alternative. Permit fee reqmts for parades or demonstrations are unconstl if city officials have discretion in setting the amount of the fee
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1st Amendt--Free Speech, Forums--Designated Public Forums
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these are govt properties that the govt could close off to speech, but chooses voluntarily to open to speech. The same rules apply as for pub forums. IF OPEN: can't be discriminatory (must allow both chess club and bible study)
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1st Amendt--Free Speech, Forums--Limited Public Forums
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Govt properties that are limited to certain groups or dedicated to discussion of only some subjects. Govt can regulate speech in limited pub forums so long as the reg is reasonable and VIEWPOINT neutral
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1st Amendt--Free Speech, Forums--Non-Public Forums
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Govt properties that the govt conditionally can and does close off to speech. The govt can regulate speech in non-public forums so long as the reg is reasonable (which means meeting rational basis test) and viewpoint neutral. EXs: military bases, areas outside prisons and jails, schools (a pub law school that officially recognized and funded student groups from activity fees could require the groups accepted all students regardless of their "status or beliefs" because it is viewpoint neutral and reasonably related to school purposes like encouraging tolerance), signs on pub prop can be restricted, sidewalks outside post office is ONLY exception to sidewalk as pub forum rule, airports (can't prohibit distribution of literature but CAN prohibit solicitation of money); There is NO 1st amendt right of access to private prop for speech purposes (like shoping centers)
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1st Amendt--Freedom of Association
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laws that prohibit or punish group membership must meet STRICT SCRUTINY. To punish membership in a group it must be proven that the person: a) is actively affiliated with the group, b) has knowledge of the group's illegale activities, AND c) has the specific intent of furthering those illegal activities or objectives. Laws that require disclosure of group membership where such disclosure would chill association, must meet strict scrutiny. Freedom of association does not protect a right to discriminate, UNLESS: a) intimate association, b) where discrim is integral to the expressive activities of the group
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1st Amendt--Freedom of Religion, Free Exercise Religion
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Free exercise clause cannot be used to challenge a neutral law of general applicability. The govt may not deny benefits to indivs who quit their jobs for religious reasons
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1st Amendt--Freedom of Religion, Establishment Clause
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Lemon Test: 1) must be primary secular purpose, 2) primary effect must neither advance nor inhibit religion, 3) there must not be excessive entanglement with religion. Govt cannot discriminate against religious speech OR among religions unless STRICT SCRUTINY is met. Govt sponsored religious activity in pub schools is unconstl. But religious student and community groups must have the same access to school facilities as non-religious groups. NOTE: organized school prayer, even if voluntary, is not allowed; not even a moment of silence is allowed. Govt may give assistance to parochial schools, so long as it is not used for religious instruction. Govt may provide parents vouchers which they use in parochial schools.
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21st Amendt--State Ctrls of Intoxicating Liquor
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1) Intrastate reg: state govts have wide latitude over the importation of liquor and the conditions under which it is sold or used in that state. However, regs that constitute only an econ preference for local liquor manufacturers may violate the Commerce Clause. 2) Interstate Reg is subject to Commerce Clause. 3) Fed pwr: Cong may reg econ transactions involving liquor through commerce pwr or by conditioning grants of money
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